BEFORE THE

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

______________________________

Petition of )

)

TEM Enterprises d/b/a Xtra Airways )

)

For provisions of 14 CFR Part 121. )

)

______________________________)

Exemption No. 9706C

Regulatory Docket

No. FAA-2008-0587

PETITION OF

TEM ENTERPRISES D/B/A XTRA AIRWAYS

FOR RENEWAL OF EXEMPTION

Summary

Pursuant to the provisions of Title 14 CFR §11.61, TEM Enterprises d/b/a Xtra Airways hereby 

requests a renewal of its exemption from the following sections of Title 14 CFR Part 121:

§121.623(a) and (d);

§121.643; and

§121.645(e)

The exemption was originally granted to Xtra Airways on June 3, 2008 in Exemption 9706 (“the 

Exemption”) and was renewed on April 29, 2010, June 1, 2012 and April 4, 2014. It is set to expire on 

June 30, 2016. The Exemption permits the Petitioner, subject to certain limitations, to conduct its 

supplemental operations within the 48 contiguous United States and the District of Columbia using the

flight regulations for alternate airport (§121.619) and fuel reserve requirements (§121.639) that are 

applicable to domestic operations rather than supplemental requirements cited above.

Specifically, under the Exemption, Xtra Airways is permitted to conduct operations without listing 

an alternate airport when the weather reports, forecasts, or any combination thereof, indicate that the 

ceiling will be at least 2,000 feet above the airport elevation and the visibility will be at least three (3)

miles for a period of one (1) hour before to one (1) hour after the estimated time of arrival.

Exemption 9706C has proved to be a useful device that benefits the commercial aviation industry 

and the flying public, as well as Xtra Airways in particular, and there has been no change in the 

underlying circumstances or reasons that justified granting the Exemption. For these reasons, it should be 

extended.

CFR’s Affected

Section 121.623(a) provides, in pertinent part, that each person releasing an aircraft for operation 

under IFR shall list at least one alternate airport for each destination airport in the flight release.
Section 121.623(d) provides, in pertinent part, that no person may release a flight unless he lists 

each alternate airport in the flight release.

Section 121.643 provides, in pertinent part, that no person may release for flight or takeoff a 

nonturbine or turbopropeller powered airplane unless, considering the wind and other weather conditions 

expected, it has enough fuel –

1. To fly to and land at the airport to which it is released;

2. Thereafter, to fly to and land at the most distant alternate airport specifiedin the flight release; 

and

3. Thereafter, to fly for 45 minutes at normal cruising fuel consumption

Section 121.645(e) provides, in pertinent part, that the fuel requirements of §121.643 apply to air 

carriers conducting supplemental operations within the 48 contiguous States and the District of Columbia 

with a turbine powered airplane.

Discussion

The request for renewal of the Exemption is supported by the same statements and justifications 

that justified its original grant and its subsequent renewals. Specifically, Xtra Airways offers in support of 

this Petition for Exemption Renewal and stated in applicable part:

Xtra Airways believes that the Exemption and the conditions attached thereto afford an equivalent 

or greater level of safety to that provided for in 14 CFR sections 121.623(a) and (d), 121.643 and 

121.645(e).

As required by the Exemption, Xtra Airways has already amended its operations specifications to 

comply with the portions of Part 121 applicable to domestic air carrier operations.

Xtra Airways already ensures that its aircraft dispatchers hold aircraft dispatcher certificates issued 

under subpart C of part 65 and are properly qualified under part 121, subpart P, before permitting those 

persons to serve in Xtra’s operations.

Xtra Airways maintains a superior operations center; FAA licensed dispatchers, and advanced 

flight following equipment.

In addition, the Exemption allows Xtra Airways to achieve efficiencies in its operations resulting 

in significant cost savings.

Public Benefits

The existing requirements for supplemental operators require that an alternate airport be 

designated for each flight, regardless of the forecast and existing weather conditions. When the weather 

conditions are at least 2,000 foot ceiling and 3 miles visibility, this results in a larger than necessary fuel 

load for a supplemental operation. These larger than necessary fuel loads equate to increased cost by Xtra 

Airways.

Obviously, burning fuel to carry fuel needlessly contributes to the depletion of vital natural 

resources. In addition to the fuel conservation, the reduced fuel burn substantially reduces in direct 

proportion the amount of pollutant gases emitted into the troposphere, and the amount of carbon dioxide 

and water vapor emitted into the atmosphere, thereby reducing the impact on global warming as well.
The increased fuel load requirement may also necessitate an otherwise unnecessary stop enroute 

for fuel, as the flight may not be capable of operating the route with the increased fuel reserve and 

increased fuel consumption—a situation which routinely occurs in the course of Xtra Airways’ 

operations.

Enroute stops negatively affect the fuel required to reach the final destination. An enroute stop 

increases the exposure to unnecessary delay and inconvenience while adding unwanted congestion to the 

already overcrowded low-altitude strata.

Enroute stops also have an adverse effect of crewmember flight and duty time and subsequent 

schedules, with a result that more of the public is adversely affected by a single event.

Safety Impact

An equivalent level of safety is provided by granting this petition and providing an alternative 

means of regulatory compliance. Given the current operational practices and capability of Xtra Airways, 

continued substitution of the requirements of §121.619 and §121.639 as they pertain to domestic 

operation for the current supplemental rules would maintain the same level of safety as required for an air 

carrier exercising its authority under §119.21(a)(1). Further, eight years of operations under the 

Exemption demonstrate that granting a renewal of the Exemption would not adversely affect safety and 

would be in the public interest.

Request for Waiver

Xtra Airways hereby requests waiver for publication of this petition in the Federal Register. This petition 

does not seek to establish a precedent, but merely would continue an accepted and established practice.

Furthermore, precedent already exists for waiver from publication. The same request was granted to Xtra 

Airways in the initial grant of the Exemption and subsequent renewals thereof. Similar requests have also 

been granted to other Part 121 Supplemental operators. 

ACCORDINGLY, TEM Enterprises d/b/a Xtra Airways requests that the aforementioned Exemption be 

renewed for a period of two years, and that the FAA grant any other and further relief that it may deem 

necessary.

Respectfully submitted,

Michael A. Gray

Director of Operations

TEM Enterprises d/b/a Xtra Airways

121 Alhambra Plaza, Suite 1700

Coral Gables, FL.

Direct: 305.764.3200 Ext 1403

Mobile: 813.545.2106